Ikhtilas (taking by snatching, not subject to amputation)

Ikhtilas (taking by snatching). In the lexicon, khals and ikhtilas mean taking a thing by deceit while the owner is heedless; some say ikhtilas is quicker than khals, and some that it is seizure. ¹ The jurists' usage adds that it is taking a thing in the owner's presence openly and running off with it, whether the taker comes openly or secretly, as when one reaches for a man's handkerchief and takes it. ¹ Related terms: ghasb (usurpation), taking by force and wrongfully; sariqa (theft), taking the threshold amount from its keeping in secret; hiraba (armed robbery), seizing a thing where help cannot be had; khiyana (breach of trust), denying what was entrusted; and intihab (plunder), taking a thing by force, with no concealment at all, whereas ikhtilas begins in secrecy. ^{1 2} General ruling: the jurists agree there is no hand-amputation for ikhtilas, on the hadith of Jabir: «there is no amputation for a traitor, a plunderer or one who snatches», and because the taker takes the property in a way it can be recovered by calling for help from people and from the authority, so there is no need for amputation to deter him. ² Where it is treated: the jurists treat ikhtilas under theft, in the matters for which there is or is not amputation, and under usurpation (ghasb), in the other kinds of taking of rights from others. ²